Practitioner Development

Conceptualising social and communication vulnerabilities among detainees in the criminal justice system.

Woodbury-Smith (2020) · Research in developmental disabilities 2020
★ The Verdict

Rising autism tags in prisons likely reflect diagnostic drift, not a true surge in ASD.

✓ Read this if BCBAs who consult to jails, probation, or forensic clinics.
✗ Skip if Clinicians who work only with early-childhood or medical cases.

01Research in Context

01

What this study did

Woodbury-Smith (2020) looked at why more prisoners now carry an autism label. The paper claims the jump comes from re-labeling, not from more people actually having autism.

It is a think-piece, not a data study. The author warns that everyday social problems are being called autism inside the justice system.

02

What they found

The main point: many inmates called "autistic" may simply show extreme but sub-clinical traits. Giving them the diagnosis can push staff to treat normal prison behavior as a symptom.

Marc says this drift wastes resources and can hurt the prisoner.

03

How this fits with other research

Gillberg et al. (2014) said the same thing years earlier for kids: we often call mixed conditions "autism plus" instead of naming each problem. Marc moves that idea into jails and prisons.

Bertelli et al. (2025) widen the warning to everyone. They show checklists now flag shy or quirky adults as "on the spectrum," backing Marc’s prison claim with a broader lens.

Helverschou et al. (2018) interviewed nine autistic offenders. Their stories line up with Marc: odd but harmless actions get read as suspicious and then criminal. The lived experience supports the theory.

Shea et al. (2021) take Marc’s point and build a roadmap. They use the Sequential Intercept Model to plot where better screening and staff training could stop the label-and-jail cycle.

04

Why it matters

If you write reports for court or probation, pause before adding ASD to the file. Ask: do these behaviors meet full criteria, or are they better explained by trauma, ADHD, or simple social awkwardness? A tighter label keeps supports targeted, saves funding, and avoids giving the court a wrong story about risk.

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Review your next court intake with the full DSM checklist in hand; do not rely on a single screening tool.

02At a glance

Intervention
not applicable
Design
theoretical
Population
autism spectrum disorder
Finding
not reported

03Original abstract

More people with autism spectrum disorder (ASD) are now being identified in the criminal justice system, and in parallel with this increase, the prevalence of ASD in the community has risen more than 150 % in the same time period. In this article, I will argue that this increase is due to a reclassification of those individuals whose social, communicative and behavioural function is at the lower end of the normal range. Put simply, extremes of these quantitative traits are now being conceptualised as 'disorder'. This has particular relevance for the criminal justice system as such traits are over-represented in this population: as such, it is likely that increasing numbers of people who are incarcerated will receive an ASD diagnosis. This will have major implications for where best, and how best, to manage such individuals using a framework of 'disorder' versus 'difference'.

Research in developmental disabilities, 2020 · doi:10.1016/j.ridd.2020.103611